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HomeMy WebLinkAboutItem #13 - Discussion ItemCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Donald'Warshaw November 6, 19% TO: DATE: FILE: City Manager i FROM SUBJECT: fo (Willy) Goat Attached is a copy of a list of organikxions their represenraaives who are interested in reaming Comstock Park. Will Wu please- glace then; or. the Commission .kgez3 a of December 8,1998, as a personal appearance, for the purpose of discussing this matter. a Vail foot Vat r 000ma" WG/kk ACIF.NDA12-8 u')M9T(X_'% PARK cc, Elvi Gallastegui-Alonso, Agenda. Office -v - G -n r e Funclacion Nacional bominico-Americana • Margarita. Cepeda • Novella Garcia • Rhadames Peguero Associacion Comunal Dominicana • Victor Alba • Mariano Cruz • Nelson Perez • Arizmendi Mateo Fundacion Juan Pablo Duarte • William lantigua. A.ssocciacion De Abogados Dominicans • Jose Alveraz tSGu s�9c..�v CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and DATE : NOV q 0 t,oca FILE Members of the City Commission SUBJECT : Renaming of Allapattah Comstock Park FROM : -�^ REFERENCES: 1 2/8/98 Commission Donald arshaw ENCLOSURES: Personal Appearance City Manager Currently, there does not exist a formal procedure for the renaming of a park facility as there does for the co -designation of a street. There have been instances in the past when the City Commission voted on a name change based on a personal appearance by a group of citizens (or an organization) that was scheduled on a Commission agenda. In other cases, a proposed name change was discussed by the City Commission at one meeting and a public hearing scheduled for a subsequent meeting to finalize input on a name change. In this case, it appears from Commissioner Gort`s memorandum that several organizations and their representatives are involved with the proposed renaming of Allapattah Comstock Park to Juan Pablo Duarte Park. The City Commission could decide to rename this facility at this Commission Meeting. Conversely, if it is felt that more community input is required, a formal public hearing could be scheduled in January to finalize this matter. It should be noted that as per my attached August 7, 1998 memorandum, a review of the information on file in the Office of Asset Management does not indicate any prohibition in changing the name of this park. Finally, we would require that the organizations requesting the name change assume the costs for the new park signage that would have to placed at the park. DHW/FWli/jag Attachment c: Raul Martinez, Assistant City Manager Dena Bianchino, Assistant City Manager Alberto Ruder, Parks and Recreation Department Director Laura Billberry, Office of Asset Management Director TO FROM I CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Wilfredo "Willy' Gort DATE: Commi oner SUBJECT: D n H. Wara�haw���� City Manager REFERENCES: ENCLOSURES: Aii. iia± � la09 FILE �1 Allapattah Comstock Park (3) This memorandum serves as a response to a request from Richard Kuper for information concerning Allapattah-Comstock Park. The City acquired this property in 1969 from The Exotic Gardens, Inc. and Gilbert M. Wheatley. Neither of the deeds, attached hereto for reference, contain deed restrictions. The City did, however, execute a Declaration of Restrictive Covenants, a copy of which is attached hereto for reference. This Covenant states that the City agrees that "it will not sell, lease, encumber or otherwise dispose of the property herein conveyed to it without the prior written approval thereof by the Secretary of Housing and Urban Development, his designees, or successors." A review of the information on file in the Office of Asset Management does not indicate there is a prohibition to change the name of the park. DHW: DB�:mv:mAHComPk.doc c: Dena Bianchino, Assistant City Manager:. Albert Ruder, Director of Parks and Recreation Laura Billberry, Interim Director of Asset Management A >W-n t0 "0-n G3 3 N M Cn -- _ 3 rn--+ co M 3 0 z3 CS -tS_ 2 T DECLARATION OF RESTRICTIVE COVENANTS KN ALA EN BY THESE =,&ESENTS: WHEREAS, the City of Miami, a Municipal corporation oc cne State of Florida, is the owner of the fee simple title in and to the following described real properties situated, lying and being in the City of Miami, Dade County, Florida, to -wit: The South 1/2 of the South 1/2 of the NE 1/4 of the NE 1/4 of the SE 1/4, LESS the East 35 feet thereof; and that portion of the North 1/2 of the South 1/2 of the NE 1/4 of the NE 1/4 of the SE 1/4 lying Westerly of the Center Line of Wagner Creek, less the North 25 feet of the West 25 feet thereof, all lying and being in Section 27, Township 53 South of Range 41 East. AND All of Lot 11 and Lot 12 and all of Lot 21 of HELENLEA SUBDIVISION, according to the plat thereof, as recorded in Plat Book 30, at Page 18, of the Public Records of Dade County, Florida, excepting therefrom all previously' dedicated street rights -of -way; AND All of Block 1 and all of Block 2, including the alley extending from North to South between said Block I and Block 2 of the Amended Plat of HELENLEA SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 33, at Page 4, of the Public Records of Dade County, Florida; excepting therefrom all previously dedicated street rights -of -way; AND Beginning 15 feet West from the Northeast corner of the S 1/2 of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 27, Township 53 South, Range 41 East, thence South along the West line of the County Road to a point 15 feet West of the Southeast corner of the N 1/2 of the above mentioned sub- division; thence West to a point in the middle of the channel of Wagner Creek; thence meandering in a Northwesterly direction along the middle of the channel of Wagner Creek to a point due West of the Point of Beginning; thence East to the Point of Beginning, all being in Dade County, Florida; excepting therefrom all previously dedicated street rights -of -way. _��. ✓c 1esc7:_1 ., 7--,erty s bee for public purposes, designated as the ALLAPATTAki-c:UM;Iu(:k, PARK, also identified by the Department of Housing and Urban Development as FLA-OSC-35; and WHEREAS, in order to receive Federal assistance, applicants must prepare and record in the Public Records an appropriate restric- tion, indicating that the site or any interest therein, may not be sold, leased or otherwise transferred, without the prior written approval of the Secretary of Housing and Urban Development, his designee, or any successor thereto; NOW, THEREFORE, in consideration of the Federal assistance to be received by the City of Miami, said City hereby agrees that the ^, r City of Miami, for itself, its successors and assigns, covenants that it will not sell, lease, encumber or otherwise dispose of the property herein conveyea-to *it without the prior written approval thereof by the Secretary of Housing and Urban Development, his designees, or IA-' successors. IN WITNESS WHEREOF, the said City of Miami, a Municipal corporation of the State of Florida, has caused these presents to be signed in its name by its respective City Manager and City Clerk, and' the corporate seal to be affixed and attested by them all on this day of 1970. �.pa y City ana er '� yam •• ��-..•s:;, lit �;sAif�:; Attest: -r co. jF o City Clerk APPROVED AS TO FORM AND LEGALITY: Assistant ity torney - 2 - t if STATc. J`- :'LORLDA: JJ. COUNTY OF DAD_ . BEFORE ME, a Notary Public, in and for the State and County aforesaid, personally appeared M. L. REESE, and F. L. CORRELL, City Manager and City Clerk, respectively, of ."lie City of Miami, a Municipal corporation of the State of Florida, said persons being known to me to be the individuals who executed the above and foregoing Declaration of Restrictive Covenants on behalf of said City of Miami, and they acknowledged that the said M. L. REESE, as City Manager, subscribed his name, and that the said F. L. CORRELL, as City Clerk, affixed and attested the seal of said City of Miami to the instrument and that they signed, sealed and delivered the said instrument by authority and on behalf of said City of Miami, and that such acts were done freely and voluntarily and for the uses anrposes in�saic� instruments set forth and that such instrument is the free act and deed of the said City of Miami. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day of 1970, in the City of Miami, Dade County, Florida. ,�;.� �,; 1, a V-) NOTARY PUBLIC, STATE OF FL *IA ,,.4.ARGE This instrument prepared by Edward J. Fitzpatrick Assistant City Attorney My Commission Expires: City of Miami, Florida MOIAIH PYWI My COMMISSSION E P FtSJU E 10, 1 EXPIRES JUKE IO, 3973 50110m iNRU FRED rr DIEAEIlIp� ago M a or"MAt Rteem ow t/ MK fAt"I". nM10A �tonr •reeve E. R. UATHEIT tAN CLEM CIRCUIT COURT -3- W I R A N T Y D E E D THIS INDENTURE, Made this ay of March, 1969 Between GILBERT M. WHEATLEY, a single man, of the County of Dade and State of Florida, party of the first part, and CITY OF MIAMI, FLORIDA, a municipal corporation, whose address is: 3332 Pan American Drive, Miami, Dade County, Florida, •lawfully authorized to transact business in the State of x c 01 N Florida, party of the second part; �i Co Qw W I T N E S S E T H: J"' (L ! -That the said party of the first part, for and in consideration IL 0 :of the sum of TEN DOLLARS and other good and valuable consid- QW r, WZ5 : : aerations to him in hand paid by the said party of the second illl F-� S :_ part, the receipt of which is hereby acknowledged, has granted, (no II11111I111 Z 9 Z Z 1 1 .bargained.and sold to the said party of the second part, its ...� AIN O successors and assigns, forever, the following described land situate, lying and being in the County of Dade and State of 9 5 Z 0 5 0 :Florida, to -wit: The South 1/2 of the South 1/2 of the NE 1/4 of the NE 1/4 of the SE 1/4, LESS the East 35 _ feet thereof; and that portion of the North 1/2 of the South 1/2 00 of the NE 1/4 of the NE 1/4 of the SE 1/4 lying Westerly of the Center Line of Wagner Creek, less a the North 25 feet of the West 25 feet thereof, all c lying and being in Section 27, Township 53 South lot (nc, of Range 41 East, o C3 o•.:� z And the said party of the first part does hereby fully warrant title to said land and will defend the same against iilllllllllllll) the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part Zi f 'has hereunto set his hand and seal the day and year above o ! =y written. 0 Signed, sealed and delivered Fri in the presence of us: 2 1 L, �Z� Y ��T - Gilbert M. Wheatley QIOE ' rite UJ10 1 ,LL OJ(' STATE OF FLORIDA) SS COUNTY OF DADE ) I HEREBY CERTIFY That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, GILBERT M. WHEATLEY, a single man, to me well known and known to me to be the individual described in and who executed the foregoing deed, and he acknowledged before me that he executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Miami, County of Dade, and State of Florida, this day of March, A.D. 1969. T TC r�..ss W � `j C3 i U C IL'\ W `,Ibmmission Expires: •�q�RY p... ,,. �.• f, / ..,..i 0 ��' t:. S*A'E Of F ORIDA at [ARt^,Q 'i.. STATE cF LO IDA a y DOCUMENTARY STAMP TAXI 0 Z °D _ COMPTROLLER I 00 0 = c: _ = P& = MAR I0%9 V. = 0 0. 3 0 = IGS22 No ary Publi , State of Florida. 1"I'tNOTARY P!:ft[IC, STATE of FLORIDA of B N ED.THROUGH <: ones MAY 10. 197LARGE :RED W. DIESTE p . Stafn of Florida, Cmrn;y 9,1 h„{, This irehUp?�fli Iltatl ! w /O �(� aad r;/ay ,...`. f3n'1a iO on r• . ' G ''• o i ��If'V o" � Ny_ II• .1fade this �� "• Told• L- D.— Inc, l Itbotdur 19th day of November 1. D. 19 69 AA•� wd Aw.l.. w And prtp^ Mai! Iwdrd• w A•I.r, e.newai nyrrr�MMw., .reeewr/ Md/•► w� ✓w wq.d(w p.tlY AurN: w ur. e/ w ri�(.aM. wumA+r i �A.0 W4�d• IA• rOuaJ, ..i w sue.+ w d,Mi..: w r.. e/ e.� /Mso ,A..0 �..we. .�••`. � ( ^ Between THE EXOTIC GARDENS, INC. 1 ' Q 2 3 1 a corporation existing under the laws of the State of Florida , having its principal place of business in the County of Dade and ,t State of Florida party of the first part, and CITY OF MIAM , a1municipal corporation, a -n of the County of Dade and State of Florida O paof the second part, T itnesseth, that the said party of the first part, for and in consideration of / the sum of Ten Dollars & other good & valuable considerations DMl>=, to it in hand paid by the said party of the second part, the receipt whereof is hereby �-- o acknowledged, has punted, bargained and sold to the said party of the second part ^' 02 forever, the following described land, situate, Lying and being in the County of c Cm Dade , State of Florida, to wit: �z 1 cn a= The legal description is set forth on Exhibit A hereto attached '« and made a part hereof for all purposes. III1111111111111. • DOCUMENTARY- CM STATE cF FLORIDA4 '1~° CUMENTARY SUR TAX = W, DOSTAMP TAX FLO R I A c z = COMPTROLLER �• ICOY21'69 0 0. 5 ( .4nd the said party of the fir" part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said party of the first part has caused these presents to be signed in its name by its President, �1., and its corporate seal to be affixed, attested by its i.r] - Secretary the day and year above written. (Co •0' S THE OTIC GARDEN , INC. Sig W,14del and Delivered mi our Preeence: STATE of FLORIDA 1 DOCUMENTARY STAMP TAXI COMPTROLLER A•'• , ' State of Florida, CIO U— — FEB 16'70 •: ` 7 1 0.7 0 1 — _=10S22 County of Broward I HEREBY CERTIFY, That on this 19th day of November .4. D.1969 , before me personally appeared Fred C . Flipse and James Donn, Jr. , President and Secretary respectively of The Exotic Gardens, Inc. , a corporation t under the laws of the State of F1 riida , to me known to be the .� persons described in and who execute t e, foregoing conveyance to CITY OF MIAMI, a municipal corporation, and severally acknowledged the execution thereof to be their free act and deed as xHsuch officers, for the uses and purposes therein mentioned; and that they afjlxed thereto the official seal of said corporation, and the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Hollywood g in the County of Broward and State of Florida, the day and year last aforesaid. Notary Putt C Sbte of Florida at large Xo ry Public - My Commission Expires July 17, 1972 .My Commission Expires All of Lot according Page 18 of therefrom EXHIBIT A 11 and Lot 12 and all of Lot 21 of Helenlea Subdivision, to the plat thereof, as recorded in Plat Book 30 at the public records of Dade County, Florida, excepting all previously dedicated street rights -of -way; and o] All of Block 1 and all of Block 2, including the alley extending from North to South between said Block 1 and Block 2 of .the amended plat of Helenlea Subdivision, according to the plat thereof, as recorded in Plat Book 33 at Page 4 of the public records of Dade County, Florida; excepting therefrom all previously dedicated street rights -of -way; and Beginning 15 feet West from the Northeast corner of the S 1/2 of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 27, Township 53 South, Range 41 East, thence South along the West line of the county road to a point 15 feet West of the Southeast corner of the N 1/2 of the above mentioned subdivision; thence West to a point in the middle of the channel of Wagner Creek; thence meandering in a Northwesterly direction along the middle of the channel of Wagner Creek to a point due West of the point of beginning; thence east to the point of beginning, all being in Dade County, Florida, excepting therefrom all previously dedicated street rights -of -way.